Hauter v. Zogarts
Supreme Court of California
534 P.2d 377 (1975)
Fred Hauter (plaintiff), an unskilled golfer, bought a "Golfing Gizmo" training device whose box and manual described it as "completely safe" and promised the ball would "not hit player." Following the instructions, Hauter was struck in the head by the ball and injured; expert testimony showed he had hit the ball from underneath, causing it to ricochet back at him. Hauter sued the manufacturer (defendant) for strict-liability misrepresentation and breach of express warranty. The jury found for the defendant, but the trial court granted Hauter judgment notwithstanding the verdict.
(1) Whether a manufacturer is strictly liable for physical harm caused by its product when the harm results from the manufacturer's misrepresentation of a material fact the plaintiff justifiably relied on. (2) Whether a seller can be held liable for breach of an express warranty when the statement became part of the basis of the bargain.